H. Rept. 115-615 - TO CLARIFY THE DESCRIPTION OF CERTAIN FEDERAL LAND UNDER THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT OF 2005 TO INCLUDE ADDITIONAL LAND IN THE KAIBAB NATIONAL FOREST115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-615
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TO CLARIFY THE DESCRIPTION OF CERTAIN FEDERAL LAND UNDER THE NORTHERN
ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT OF 2005 TO
INCLUDE ADDITIONAL LAND IN THE KAIBAB NATIONAL FOREST
_______
March 22, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany S. 466]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 466) to clarify the description of certain Federal
land under the Northern Arizona Land Exchange and Verde River
Basin Partnership Act of 2005 to include additional land in the
Kaibab National Forest, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CLARIFICATION RELATING TO A CERTAIN LAND DESCRIPTION UNDER
THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER
BASIN PARTNERSHIP ACT OF 2005.
Section 104(a)(5) of the Northern Arizona Land Exchange and Verde
River Basin Partnership Act of 2005 (Public Law 109-110; 119 Stat.
2356) is amended by inserting before the period at the end ``, which,
notwithstanding section 102(a)(4)(B), includes the N\1/2\ NE\1/4\ SW\1/
4\ SW\1/4\, the N\1/2\ N\1/2\ SE\1/4\ SW\1/4\, and the N\1/2\ N\1/2\
SW\1/4\ SE\1/4\, sec. 34, Township 22 North, Range 2 East, Gila and
Salt River Meridian, Coconino County, Arizona, comprising approximately
25 acres''.
Purpose of the Bill
The purpose of S. 466 is to clarify the description of
certain Federal land under the Northern Arizona Land Exchange
and Verde River Basin Partnership Act of 2005 to include
additional land in the Kaibab National Forest.
Background and Need for Legislation
The Northern Arizona Land Exchange and the Verde River
Basin Partnership Act of 2005 (Public Law 109-110) called for
the conveyance of 237.5 acres of U.S. Forest Service (USFS)
land to Young Life, a nonprofit and nondenominational Christian
ministry focused on middle school, high school, and college
aged students.\1\ The organization planned to incorporate the
conveyed land into their existing ``Lost Canyon'' camp in
Williams, Arizona. However, the map referenced in the bill only
depicted 212.5 acres of the 237.5 acres.\2\ The Act added that
``in the case of any discrepancy between a map and legal
description, the map shall prevail unless the Secretary and
Yavapai Ranch agree otherwise.''\3\ Because of the error on the
map and the fact that the map took precedence in resolving
discrepancies, the law did not grant USFS the authority to
convey the remaining 25 acres.
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\1\``About Young Life'' Younglife.org
\2\S.466 Senate Bill Report (Report 115-41).
\3\Public Law 109-110
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According to USFS, it lacks the legal authority to convey
more than the 212.5 acres identified on the map without passage
of this legislation.\4\ S. 466 would amend Public Law 109-110
to clarify that USFS has legal authority to convey the full
237.5 acres of land that was intended by Public Law 109-110.
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\4\Ibid 2
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Committee Action
S.466 was introduced on February 28, 2017, by Senator Jeff
Flake (R-AZ). The Senate passed the bill by voice vote on
December 21, 2017. In the House of Representatives, the bill
was referred to the Committee on Natural Resources, and within
the Committee to the Subcommittee on Federal Lands. On March
14, 2018, the Natural Resources Committee met to consider the
bill. The Subcommittee was discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered an amendment designated
#1; it was adopted by unanimous consent. No additional
amendments were offered and the bill, as amended, was ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 20, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 466, an act to
clarify the description of certain Federal land under the
Northern Arizona Land Exchange and Verde River Basin
Partnership Act of 2005 to include additional land in the
Kaibab National Forest.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 466--An act to clarify the description of certain Federal land under
the Northern Arizona Land Exchange and Verde River Basin
Partnership Act of 2005 to include additional land in the
Kaibab National Forest
S. 466 would amend current law to clarify that the
Secretary of Agriculture is authorized to convey about 238
acres of federal land to a summer camp in Arizona. Under
current law, the Secretary is authorized to convey 212 acres to
the camp.
Using information provided by the Forest Service, CBO
estimates that implementing the act would not affect the
federal budget. Because CBO expects that the acreage that could
be conveyed under the act would not generate any income over
the next 10 years, enacting S. 466 would not affect direct
spending. Enacting S. 466 also would not affect revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 466 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year period beginning in 2028.
S. 466 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The act would modify the terms of a land exchange between the
federal government and a private business, which would have a
small incidental effect on property taxes collected by the
state and local governments in Arizona. That effect, however,
would not result from an intergovernmental mandate as defined
in UMRA.
On April 7, 2017, CBO transmitted a cost estimate for S.
466, a bill to clarify the description of certain Federal land
under the Northern Arizona Land Exchange and Verde River Basin
Partnership Act of 2005 to include additional land in the
Kaibab National Forest, as ordered reported by the Senate
Committee on Energy and Natural Resources on March 30, 2017.
The pieces of legislation are similar and CBO's estimates of
their budgetary effects are the same.
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs) and Zachary Byrum (for mandates). The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to clarify the description of certain
Federal land under the Northern Arizona Land Exchange and Verde
River Basin Partnership Act of 2005 to include additional land
in the Kaibab National Forest.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT OF
2005
* * * * * * *
TITLE I--NORTHERN ARIZONA LAND EXCHANGE
* * * * * * *
SEC. 104. DESCRIPTION OF FEDERAL LAND.
(a) In general.--The Federal land referred to in this title
consists of the following:
(1) Certain land comprising approximately 15,300
acres located in the Prescott National Forest, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Yavapai Ranch Area Federal Lands'',
dated August 2004.
(2) Certain land located in the Coconino National
Forest--
(A) comprising approximately 1,500 acres as
generally depicted on the map entitled
``Yavapai Ranch Land Exchange, Flagstaff
Federal Lands Airport Parcel'', dated August
2004; and
(B) comprising approximately 28.26 acres in
two separate parcels, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange,
Flagstaff Federal Lands Wetzel School and Mt.
Elden Parcels'', dated August 2004.
(3) Certain land located in the Kaibab National
Forest, and referred to as the Williams Airport,
Williams golf course, Williams Sewer, Buckskinner Park,
Williams Railroad, and Well parcels number 2, 3, and 4,
cumulatively comprising approximately 950 acres, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Williams Federal Lands'', dated August
2004.
(4) Certain land located in the Prescott National
Forest, comprising approximately 2,200 acres, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Camp Verde Federal Land General Crook
Parcel'', dated August 2004.
(5) Certain land located in the Kaibab National
Forest, comprising approximately 237.5 acres, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Younglife Lost Canyon'', dated August
2004, which, notwithstanding section 102(a)(4)(B),
includes the N\1/2\ NE\1/4\ SW\1/4\ SW\1/4\, the N\1/2\
N\1/2\ SE\1/4\ SW\1/4\, and the N\1/2\ N\1/2\ SW\1/4\
SE\1/4\, sec. 34, Township 22 North, Range 2 East, Gila
and Salt River Meridian, Coconino County, Arizona,
comprising approximately 25 acres.
(6) Certain land located in the Prescott National
Forest, including the ``Friendly Pines'', ``Patterdale
Pines'', ``Camp Pearlstein'', ``Pine Summit'', and
``Sky Y'' camps, cumulatively comprising approximately
200 acres, as generally depicted on the map entitled
``Yavapai Ranch Land Exchange, Prescott Federal Lands,
Summer Youth Camp Parcels'', dated August 2004.
(b) Condition of Conveyance of Camp Verde Parcel.--(1) To
conserve water in the Verde Valley, Arizona, and to minimize
the adverse impacts from future development of the Camp Verde
General Crook parcel described in subsection (a)(4) on current
and future holders of water rights in existence of the date of
enactment of this Act and the Verde River and National Forest
System lands retained by the United States, the United States
shall limit in perpetuity the use of water on the parcel by
reserving conservation easements that--
(A) run with the land;
(B) prohibit golf course development on the
parcel;
(C) require that any public park or greenbelt
on the parcel be watered with treated
wastewater;
(D) limit total post-exchange water use on
the parcel to not more than 300 acre-feet of
water per year;
(E) provide that any water supplied by
municipalities or private water companies shall
count towards the post-exchange water use
limitation described in subparagraph (D); and
(F) except for water supplied to the parcel
by municipal water service providers or private
water companies, require that any water used
for the parcel not be withdrawn from wells
perforated in the saturated Holocene alluvium
of the Verde River.
(2) If Yavapai Ranch conveys the Camp Verde parcel
described in subsection (a)(4), or any portion thereof,
the terms of conveyance shall include a recorded and
binding agreement of the quantity of water available
for use on the land conveyed, as determined by Yavapai
Ranch, except that total water use on the Camp Verde
parcel may not exceed the amount specified in paragraph
(1)(D).
(3) The Secretary may enter into a memorandum of
understanding with the State or political subdivision
of the State to enforce the terms of the conservation
easement.
* * * * * * *
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